To kick off our series on title defects, we thought we’d start with recording errors — one of the most common types of title problems that we see. Recording errors are clerical mistakes or omissions on deed-related documents that have been filed in public records. While human error is a part of life, these title concerns can have a significant impact on your ownership rights surrounding your property unless they’re resolved.
What is a deed?
Before elaborating further on recording errors, we should explain what a deed actually is. A deed is an important legal document that spells out who maintains title (ownership) rights regarding the utilization of and access to a real estate parcel. When a property is conveyed from one party to the next, such as during a real estate transaction, the deed serves as legal proof of these ownership rights.
What types of recording errors might occur?
Errors in public records can be varied and can really impact any aspect of the deed-transfer process. Some of the most common recording mistakes we see include:
-Spelling errors (such as in names or street addresses)
-Incomplete or incorrect legal description of the property
-Missing information (such as a spouse’s name)
-Improper filing of the documents
-Incorrect marital status
How are recording errors corrected?
Recording errors are generally detected when a title agent or attorney performs a title search on a property during the real estate settlement process. If this type of title defect is identified, steps may be taken to correct the error, which might include filing a new deed (a warranty deed or quitclaim deed), filing a corrective deed or corrective affidavit, or completing and submitting other legal documents to have the omission or error fixed. The form of documentation required will depend upon the type of error, the state in which the property is located, and other considerations. In certain cases, no action may be required to correct a recording error. A title agent or attorney can help to identify what approach should be taken for recording error resolution.
If you have questions about recording errors or other title defects, please contact the professionals at Linear Title & Escrow in Virginia Beach, VA.